About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2016
>>
[2016] ZAGPPHC 386
|
|
S v Naude (A366/2016) [2016] ZAGPPHC 386 (31 May 2016)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION. PRETORIA
HIGH
COURT REF. NO. 176/2016
CASE
SERIAL NO.
H20/16
REVIEW
CASE NO. A353/16
CASE
NO: A366/2016
In
the matter between
THE
STATE
And
DAVID
MARTELL NAUDE
REVIEW
JUDGMENT
VAN
NIEKERK AJ
1.
This is a special
review in terms of section 304(4) read with section (2)(c) of the
Criminal Prosedure Act, Act 51 of 1977.
2.
The accused was
convicted in terms of section 112(a) of Act 51 of 1977 on a
contravention of
section 63
of the
National Road Traffic Act 93 of
1996
for reckless driving which carries a high penalty clause to be
taken in terms of
section 112(
1
)(a) of Act 51 of 1977.
3.
The accused was
also convicted of an alternative count which amounts to duplication
of sentence and the conditions of the suspended
sentence are not in
accordance with law.
4.
In terms of
section 304(2)(c)(iii) of Act 51 of 1977 the convictions and sentence
handed down on 22 April 2016 is set aside.
P.A. VAN NIEKERK
ACTING JUDGE OF THE HIGH COURT
1
agree
L.I. VORSTER
ACTING
JUDGE OF THE HIGH COURT